The question of whether ashes of a deceased person can be divided comes up often among family members, distraught over the loss of a loved one, and particularly in modern day family situations with divorced parents and blended families.
This question was answered in 2014 in the Fourth District Court of Appeal’s opinion in Wilson v. Wilson, 138 So. 3d 1176 (Fla. 4thDCA 2014). Ashes are not property as defined by Fla. Stat. 731.201(32) and thus not subject to partitioning or division….
Florida Statute 732.7025, effective July 1, 2018, set forth language to include in a deed for a spouse to waive his or her Florida homestead rights:
Section 732.7025(1) provides the following language: “By executing or joining this deed, I intend to waive homestead rights that would otherwise prevent my spouse from devising the homestead property described in this deed to someone other than me.”
This is not a waiver of other protections. Subsection (2) sets these out: “The waiver language in subsection (1) may not be considered a waiver of the protection against the owner’s creditor claims during the owner’s lifetime and after death. …